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The Malaysian Bar is deeply alarmed by the recent decision made by the State Government of Negeri Sembilan to embark on the mass culling of stray dogs. We firmly oppose this move and emphasise that it not only offends public morality, but is an outright act that contravenes the Federal legislation, in particular, the Animal Welfare Act 2015 (Act 772) (“Animal Welfare Act”). This Act binds all State and local Governments acts, laws, and regulations.
The Animal Welfare Act only allows for the killing of animals pursuant to section 30(1) of the Animal Welfare Act in limited circumstances, such as when there is an overpopulation; and further strictly sets the limitation on how and by whom the killing may be carried out. The killing of animals is to be performed humanely, ie only by a registered veterinarian or an authorised person under veterinary supervision after consideration of the animals’ health, behaviour, and adoptability.
What is currently being undertaken or proposed in Negeri Sembilan is an illegal act of mass capture and killing by enforcement officers or contracted workers without veterinary oversight, which is a clear contradiction of section 30(1) of the Animal Welfare Act, with regard to the management of strays. The action by the Negeri Sembilan State Government is an outright offence pursuant to section 29 of the Animal Welfare Act that criminalises the causing of unnecessary pain or suffering to an animal.
The local councils hold no position or authority to cull dogs. In fact, contrary to public statements from local councils or state authorities, there is no provision under the Local Government Act 1976 or any municipal by-law that gives councils the authority to cull stray dogs of their own accord.
Any such actions relating to the curbing of overpopulation, specifically by culling, must be done in conformance with the Animal Welfare Act, and can only be performed by veterinary professionals. The action by the State Government in unilaterally executing stray dogs is inhumane and amounts to a breach of both procedural and substantive law.
The Negeri Sembilan State Government and local councils are urged to immediately halt all culling activities that contravenes section 30 of the Animal Welfare Act. In fact, it is the duty of the Department of Veterinary Services (“DVS”) to intervene immediately to prevent these irregularities in ensuring due compliance with the provisions within the Animal Welfare Act. We call upon the Animal Welfare Board to perform their duties and ensure a stop to this genocide of stray dogs in Negeri Sembilan.
The Attorney General’s Chambers is subsequently urged to review these potential breaches of the Federal laws by taking the appropriate legal action against such an impending atrocity. In addressing the issues relating to stray overpopulation, one must do so with compassion and with the assistance of the legal principles present before them.
The Malaysian Bar supports the curbing of the stray overpopulation through the “Trap-Neuter-Release-Manage” (“TNRM”) strategy, responsible pet ownership campaigns, partnership with civil society and animal welfare groups, and legislative reform to close gaps in enforcement and coordination between State and Federal agencies.
The Malaysian Bar reiterates that there is no legal justification for inhumane or indiscriminate culling. Humane killing or euthanasia, where absolutely necessary, must follow the law and be carried out only by qualified professionals. The current actions in Negeri Sembilan appear to violate these standards and risk undermining the rule of law and public trust.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
7 May 2025